Termination of Contract due to Expired Pass

Member since 03 September 2021

MIdasWhaleNew member03 September 2021 01:45:08

Hi all,

I have been working for my current company for almost 7 years. My epass will be expired in a week and my company's application for extension had been rejected (and also the subsequent appeals). I am eligible to epass, based on my salary.

I would like to enquire if I am eligible to something similar with retrenchment benefit, for contract termination due to expiring work pass

beppi Germany/Singapore Expert

Member since 08 August 2010

Germany & Singapore Expert

beppiGermany/Singapore Expert03 September 2021 07:24:46

15446

Retrenchment (and the associated benefits) accrue when the employer wants to terminate you.
I assume this is not the case, as they actually wanted to renew your pass and keep you as employee.
But check your employment contract for the exact wording!

Shekhz Singapore Expert

Member since 31 March 2021

ShekhzSingapore Expert03 September 2021 07:39:16

964

Most companies don’t have any verbiage around severance/ retrenchment etc on your employment contract as it is a liability, also as Beppi mentioned, in your case employer wants to renew but MoM isn’t approving, so don’t think you would get anything at all.

Imnewhere Member

Member since 11 August 2021

ImnewhereMember03 September 2021 09:34:07

I have been in a similar situation before. My EP couldn't get renewed and expired. You can negotiate with your employer to receive your notice paid in cash if they did not terminate you yet. That is because, in most contracts, you or your employer need to give a certain notice or pay in lieu of serving notice, regardless of your visa status. I managed to get one month of salary (as per my notice period) and one month of salary in compensation (after negotiating, but this is up to the employer). You should also be able to encash all your remaining leave.

beppi Germany/Singapore Expert

Member since 08 August 2010

Germany & Singapore Expert

beppiGermany/Singapore Expert03 September 2021 14:18:47

15446

Imnewhere: It's certainly a good idea to negotiate with the employer about something like this. But keep in mind that it's entirely goodwill on their part: Once you have no work pass, your employment contract is null and void (by law!) and you are not legally entitled to any more benefits arising from it.

zheerene New member

Member since 06 April 2022

zheereneNew member06 April 2022 13:20:15

Hi. I’m new here and just saw this post. I was in the same situation last month. My employer can’t renew my SPass due to no quota availability. Worked with them for the past 9yrs and didn’t get anything aside from my last pay and accrued leave - that’s it. I think it’s a case to case basis, depends on the company if they are willing to pay you out of goodwill. It also happened to my friend and his employer paid him 3 months of his monthly pay.

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MIdasWhale New member

Member since 03 September 2021

MIdasWhaleNew member06 April 2022 15:32:16

Hi all, just to update on my status as of now.

Yes, my EPass was expired September last year. I asked my HR if instead of EPass, they could apply for SPass. My salary per month is borderline EPass, so i thought I may eligible for SPass. My HR hesitated at first, but my boss managed to persuade them to apply.

So a week before my EPass expired, my HR forwarded a letter saying that my EPass has been extended for only a month (I was a bit relieved). And a week after that (October 2021), my SPass was approved (2 years validity).

Meanwhile, my PR application, which had been submitted on April 2021, just got approved this week (1 year process).

It has been an emotional roller coaster for me this past year. But luckily everything worked out well.